DAHLSTROM v SIMPSON [1998] NSWCA 68

DAHLSTROM v SIMPSON [1998] NSWCA 68

The appellant was entitled to an award for future economic loss and future out-of-pocket expenses due to the ongoing impact of her injuries and the significant chance she may suffer future economic loss, even though the precise probability or amount could not be exactly determined.

Parties
Appellant: URJ Dahlstrom; Respondent: Simpson
Jurisdiction
Australia
Judgment Date
06 March 1998
Procedural Posture
Motor Vehicle Accident Assessment of Damages / Appeal
Outcome
Appeal allowed
Legal Topics
Motor Vehicle Accidents, Assessment of Damages, Economic Loss, Future Economic Loss, Non Economic Loss
Torts Personal Injury Motor Vehicle Accidents Assessment of Damages Economic Loss Future Economic Loss Non Economic Loss

Case Brief

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Parties

URJ Dahlstrom

Appellant

Simpson

Respondent

Procedural Posture

Motor Vehicle Accident Assessment of Damages / Appeal

Legal Issues

  1. 1 Whether the assessment of damages for past and future economic loss and future expenses was appropriate under the circumstances of the motor vehicle accident.

Ratio Decidendi

The appellant was entitled to an award for future economic loss and future out-of-pocket expenses due to the ongoing impact of her injuries and the significant chance she may suffer future economic loss, even though the precise probability or amount could not be exactly determined.

Court Disposition

Appeal allowed

Orders

  • Set aside the judgment of Judge Twigg except as to costs and substitute judgment for $103,098 with effect from 27 November 1996.
  • Appellant to have costs of the appeal.